eTech LED LLC Limited Warranty 1. eTech LED LLC - LIMITED WARRANTY: eTech LED LLC (eTech) warrants that all products manufactured by eTech or its affiliates (Product), will be free from any defects in materials and workmanship which cause the Product to fail to operate in accordance with the performance specifications set forth in the most current version of documentation for the Product, (Data Sheet) or as indicated on the eTech website at www.eTechled.com (the “Specifications”). The foregoing warranty shall be valid for a period of five(5) years from date of Purchaser’s purchase (the invoice date) from eTech. The valid period for this warranty may be superseded by any individual product warranty period as indicated on sales and marketing colleterial materials published and distributed by eTech for that product. The determination of whether the Product is defective shall be made by eTech in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product. All other conditions of the this warranty shall pertain as detailed herein. 2. eTech warrants that LED Driver Power Supply components incorporated into Products but not manufactured by eTech, will be free from any defects in materials and workmanship which cause the Product to fail to operate in accordance with the performance specifications set forth in product documentation provided to eTech by the component manufacturer. 3. If a Product fails to operate in accordance with this warranty, eTech will provide free replacement of the failed Product subject to the limited warranty terms and conditions set forth below. LIMITED WARRANTY TERMS AND CONDITIONS: eTech’s WARRANTY FLOWS ONLY TO PRODUCT SOLD TO THE PURCHASER STRICTLY IN ADHERENCE TO THE eTech LIGHTING PRICE GUIDE STANDARD TERMS AND CONDITIONS, MADE AVAILABLE TO ALL eTech AUTHORIZED DISTRIBUTORS AND REPRESENTATIVE and to the public on the eTech website at www.etechled.com. If any Product covered by this warranty is returned by Purchaser in accordance with eTech’s Products Return Policy published as part of the Standard Terms and Conditions within the warranty period, and upon examination eTech determines to its satisfaction that such Product failed to satisfy this warranty, eTech will, at its option, repair or replace the Product or the defective part thereof, or reimburse Purchaser for the purchase price. For purposes of clarity, “repair or replace the Product or the defective part thereof” does not include any removal or reinstallation costs or expenses, including without limitation, labor costs or expenses. If eTech chooses to replace the Product and is not able to do so because it has been discontinued or is not available, eTech may replace it with a comparable product. This limited warranty only applies when the product has been properly wired and installed and operated within the electrical values, operating range and environmental conditions provided in the Specifications. This warranty does not apply to damage or failure to perform arising as a result of any Acts of God or from any abuse, misuse, abnormal use or use in violation of any applicable standard, code or instructions for use including those contained in the latest National Electrical Code, the Standards for Safety of Underwriters Laboratory, Inc., the Standards for the American National Standards Institute or, in Canada, the Canadian Standards Association. This Warranty shall become void in the event that, in the sole determination by eTech, any repairs or alterations not duly authorized by eTech in writing are made to the Product by any person. In the event that Purchaser resells eTech product, it is the sole responsibility to Purchaser to convey with each Product distributed to such buyers or end users this LIMITED WARRANTY, and if eTech determines that the appropriate remedy for a defective product is refund of Purchaser’s purchase price, Purchaser shall refund to the such buyer or end user (or otherwise arrange for refund ) the full purchase price paid by the buyer or end user for such defective Product. eTech LED Limited Warranty Page 1 of 2 eTechLED LLC 2559 Badger Ave Oshkosh WI 54904 920 - 267 6109 www.etechled.com ©2015 eTechLED LLC - Standard Limited Warranty V1.0 THIRD PARTY WARRANTIES: With respect to products sold to the Purchaser by eTech but not bearing the eTech name or subbrand name, eTech MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, but will make available to the Purchaser upon request but only to the extent permitted by law and relevant contracts, the warranties of the eTech of the relevant product. NO IMPLIED WARRANTIES: THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY eTech WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH WARRANTIES ARE HEREBY DISCLAIMED. PURCHASER’S EXCLUSIVE REMEDY, AND eTech’ SOLE LIABILITY, FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY THOSE EXPLICITLY SET FORTH HEREIN. No agent, employee or representative of eTech has any authority to bind eTech to any affirmation, representation or warranty concerning goods sold by eTech and unless an affirmation, representation or warranty is specifically included herein or in eTech’ sales acknowledgement, it does not form a part of the basis of any bargain between eTech and Purchaser and shall not be enforceable by Purchaser. LIMITATION OF LIABILITY: An essential purpose of the limited exclusive liabilities and remedies in this Agreement is allocation of risks between eTech and Purchaser, which allocation of risks is reflected in the purchase price for the Products. UNDER NO CIRCUMSTANCES SHALL eTech’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR eTech’ PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL eTech BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT eTech HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. EXPORT; COMPLIANCE WITH LAWS: Purchaser shall comply with all applicable laws, including, without limitation, the export control laws in effect in the United States, Canada and Europe and applicable regulations which may be issued from time to time concerning the exporting, importing and re-exporting of the eTech Products and the direct products thereof. Purchaser acknowledges that shipments of the eTech Products are subject to the export laws of the United States and that such laws could delay or preclude delivery of eTech Products in the future. Purchaser shall also comply with the United States Foreign Corrupt Practices Act, and shall indemnify eTech of any failure to comply or violation of such Act by Purchaser. Purchaser shall, at its sole cost and expense, obtain and maintain in effect all permits, licenses and other consents necessary to the conduct of its activities hereunder. eTech LED Limited Warranty Page 2 of 2 eTechLED LLC 2559 Badger Ave Oshkosh WI 54904 920 - 267 6109 www.etechled.com ©2015 eTechLED LLC - Standard Limited Warranty V1.0